WSR 98-03-046

PERMANENT RULES

DEPARTMENT OF ECOLOGY

[Order 97-27--Filed January 15, 1998, 12:19 p.m.]

Date of Adoption: January 15, 1998.

Purpose: Establish annual permit fees for wastewater/stormwater permit holders.

Citation of Existing Rules Affected by this Order: Amending chapter 173-224 WAC, Wastewater discharge permit fees.

Statutory Authority for Adoption: Chapter 90.48 RCW.

Adopted under notice filed as WSR 97-20-048 on September 24, 1997.

Changes Other than Editing from Proposed to Adopted Version: Per request from industry, created a definition for pulp mills with chlorine bleaching; added a general permit fee category for water plants.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 2, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 3, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 3, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 3, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

January 15, 1998

Tom Fitzsimmons

Director

AMENDATORY SECTION (Amending Order 93-08, filed 4/28/94, effective 5/29/94)

WAC 173-224-030 Definitions. "Administrative expenses" means those costs associated with issuing and administering permits under RCW 90.48.160, 90.48.162, and 90.48.260.

"Aggregate production" means the mining or quarrying of sand, gravel, or rock and/or the production of concrete and/or asphalt.

"Aluminum and magnesium reduction mills" means the electrolytic reduction of alumina or magnesium salts to produce aluminum or magnesium metal.

"Animal unit" means one slaughter or feeder steer, 0.7 mature dairy cow, 25 swine or as more fully defined in Appendix B of 40 CFR 122.

"Annual permit fee" means the fee charged by the department for annual expenses associated with activities specified in RCW 90.48.465. This annual fee is based on the state's fiscal year (July 1 - June 30).

"bbls/d" means barrels per day of feedstock for petroleum refineries.

"bins/yr" means total standard bins used during the last complete calendar year by a facility in the crop preparing industry. The bins measure approximately 47.5 inches x 47.4 inches x 29.5 inches and hold approximately 870 pounds of fruit.

"Chemical pulp mill w/chlorine bleaching" means any pulp mill that uses chlorine or chlorine compounds in their bleaching process.

"Combined food processing waste treatment facility" means a facility which treats wastewater from more than one separately permitted food processor and receives no domestic wastewater or waste from industrial sources other than food processing.

"Combined industrial waste treatment" means a facility which treats wastewater from more than one industry in any of the following categories: Inorganic chemicals, metal finishing, ore concentration, organic chemicals, or photofinishers.

"Combined sewer overflow (CSO)" means the event during which excess combined sewage flow caused by inflow is discharged from a combined sewer, rather than conveyed to the sewage treatment plant because either the capacity of the treatment plant or the combined sewer is exceeded.

"Concentrated animal feeding operation" means an "animal feeding operation" which meets the criteria in Appendix B of 40 CFR 122 as presently enacted and any subsequent modifications thereto.

"Contaminants of concern" means a chemical for which an effluent limit is established (this does not include pH flow, temperature, or other "nonchemical parameters"). Petroleum constituents will be considered as one contaminant of concern even if more than one effluent limit is established (e.g., Total Petroleum Hydrocarbons and BTEX).

"Crane" means a machine used for the hoisting and lifting of ship hulls.

"Crop preparing" means the preparation of fruit for wholesale or retail sale by washing and/or other processes in which the skin of the fruit is not broken and in which the interior part of the fruit does not come in direct contact with the wastewater.

"cu. yds/yr" means the total production from an aggregate production facility in cubic yards during the most recent completed calendar year.

"Department" means the department of ecology.

"Director" means the director of the department of ecology.

"Domestic wastewater" means water carrying human wastes, including kitchen, bath, and laundry wastes from residences, buildings, industrial establishments or other places, together with such groundwater infiltration or surface waters as may be present.

"Domestic wastewater facility" means all structures, equipment, or processes required to collect, carry away, treat, reclaim or dispose of domestic wastewater together with such industrial waste as may be present.

"Existing operations" means those industrial operations requiring a wastewater discharge permit before July 1, 1993.

"EPA" means the United States Environmental Protection Agency.

"Fin fish rearing and hatching" means the raising of fin fish for fisheries enhancement or sale, by means of hatcheries, net pens, or other confined fish facilities.

"Flavor extraction" means the recovery of flavors or essential oils from organic products by steam distillation.

"Food processing" means the preparation of food for human or animal consumption or the preparation of animal byproducts, but exclusive of crop preparing. This category includes, but is not limited to, fruit and vegetable processing, meat and poultry products processing, dairy products processing, beer production, rendering and animal feed production. Food processing wastewater treatment plants which treat wastes from only one separately permitted food processor shall be treated as one facility for billing purposes.

"Hazardous waste clean up sites" means any facility where there has been confirmation of a release or threatened release of a hazardous substance that requires remedial action other than RCRA corrective action sites.

(("Inactive sites" means a location where previous mining or processing has occurred; that has not been fully reclaimed; that has no current mining or processing, and that may include stockpiles of raw materials or finished products. The permittee may add or withdraw raw materials or finished products from the stockpiles for transportation offsite for processing, use, or sale and still be considered an inactive site. This definition can be found in ecology's National Pollutant Discharge Elimination System and State Waste Discharge Permit for Process Water and Storm Water Discharges Associated with Sand and Gravel Operations, Rock Quarries and Similar Mining Facilities including Stockpiles of Mined Materials, Concrete Batch Operations and Asphalt Batch Operations.))

"Industrial facility" means any facility not included in definition of municipal/domestic facility.

"Industrial gross revenue" means the annual amount of the sales of goods and services produced using the processes regulated by the wastewater discharge permit.

"Industrial storm water" means an operation required to be covered under ecology's ((baseline industrial storm water general permit)) NPDES and state waste discharge baseline general permit for storm water discharges associated with industrial activities or modifications to that permit or having an individual wastewater permit for storm water only.

"MGD" means permitted flow expressed in million gallons per day.

"Manufacturing" means the making of goods and articles by hand or especially, by machinery into a manufactured product.

"Metal finishing" means the preparation of metal surfaces by means of electroplating, electroless plating, anodizing, coating (chromating, phosphating and coloring), chemical etching and milling, and printed circuit board manufacture.

"Municipal/domestic facility" means a publicly-owned facility treating domestic wastewater together with such industrial wastes as may be present, or a privately-owned facility treating solely domestic wastewater.

"Municipal gross revenue" means gross receipts from monthly, bimonthly, and/or quarterly user charges for sewer services received from all classes of customers;

Included in these user charges are user charges and fees based on wastewater constituents' strengths and characteristics including high-strength surcharges and charges based on biochemical oxygen demand, suspended solids, oil and grease, toxicants, heavy metals, and flow, etc.

Municipal gross revenue includes charges for receipt and treatment of septic tank wastes, holding tank wastes, chemical toilet wastes, etc.

Municipal gross revenue includes all amounts received from other municipalities for sewage interception, treatment, collection, or disposal.

Gross revenue excludes:

Amounts derived by municipalities directly from taxes levied for the support or maintenance of sewer services.

Late charges, penalties for nontimely payment by customers, interest on late payments, and all other penalties and fines.

Permit fees and compliance monitoring fees for wastewater discharge permits issued by municipalities with local pretreatment programs. Permit fees which are charged to cover the cost of providing sewer service are not excluded from municipal gross revenue.

Receipts by a municipality of special assessments or installments thereof and interests and penalties thereon, and charges in lieu of assessments.

Connection charges.

Revenues from sales of by-products such as sludge, processed wastewater, etc.

"Municipality" means a city, town, county, district, association, or other public body created by or pursuant to state law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under 33 U.S.C. Sec. 1288. State government agencies are not included in this definition.

"Noncontact cooling water with additives" means water used for cooling that comes into contact with corrosives.

"Noncontact cooling water without additives" means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product or finished product, and which does not contain chemicals added by the permittee. The noncontact cooling water fee without additives category applies to those facilities which discharge only noncontact cooling water and which have no other wastewater discharges required to be permitted under RCW 90.48.160, 90.48.162, and 90.48.260.

"Nonferrous metals forming" means the manufacturing of semifinished products from pure metal or metal alloys other than iron or steel or of metals not otherwise classified in WAC 173-224-040(2).

"Nonoperating aggregate site" means a location where previous mining or processing has occurred; that has not been fully reclaimed; that has no current mining or processing, and that may include stockpiles of raw materials or finished products. The permittee may add or withdraw raw materials or finished products from the stockpiles for transportation offsite for processing, use, or sale and still be considered a nonoperating site. This definition can be found in ecology's National Pollutant Discharge Elimination System and State Waste Discharge Permit for Process Water and Storm Water Discharges Associated with Sand and Gravel Operations, Rock Quarries and Similar Mining Facilities including Stockpiles of Mined Materials, Concrete Batch Operations and Asphalt Batch Operations.

"NPDES permit" means a National Pollutant Discharge Elimination System permit issued by the department pursuant to Section 402 of the federal Clean Water Act and RCW 90.48.260.

"Person" means any political subdivision, government agency, municipality, industry, public or private corporation, partnership, association, firm, individual, or any other entity whatever.

"RCRA" means Resource Conservation Recovery Act clean up sites required to have a wastewater discharge permit resulting from a corrective action under relevant federal authorities or under chapters 70.105 and 70.105D RCW including chapters 173-303 and 173-340 WAC, and are not subject to cost recovery.

"Residential equivalent" means a single-family residence or a unit of sewer service that yields an amount of gross revenue equal to the annual user charge for a single-family residence. In cases where the permit holder does not maintain data on gross revenue, user charges, and/or the number of single-family residences that it serves, "residential equivalent" means an influent flow of two hundred fifty gallons per day.

"Sewer service" means the activity of receiving sewage deposited into and carried off by a system of sewers, drains, and pipes to a common point, or points, for disposal or for transfer to treatment for disposal, and activities involving the interception, transfer, storage, treatment, and/or disposal of sewage, or any of these activities.

"State waste discharge permit" means a permit required under RCW 98.48.260.

"Storm water" means an industrial operation or construction activity discharging storm water runoff as defined in 40 CFR 122.26 (b)(14) or facilities who are permitted as a significant contributor of pollutants as allowed in the federal Clean Water Act at Section 402 (p)(2)(E).

"Tons/yr." means the total production from an asphalt production facility in tons during the most recent completed calendar year.

"Vegetable/bulb washing" means the washing, packing, and shipping of fresh vegetables and bulbs when there is no cooking or cutting of the product before packing.

[Statutory Authority: Chapter 90.48 RCW. 94-10-027 (Order 93-08), 173-224-030, filed 4/28/94, effective 5/29/94; 92-03-131 (Order 91-45), 173-224-030, filed 1/21/92, effective 2/21/92. Statutory Authority: Chapter 43.21A RCW. 89-12-027 and 90-07-015 (Order 89-8 and 89-8A), 173-224-030, filed 5/31/89 and 3/13/90, effective 4/13/90.]

AMENDATORY SECTION (Amending Order 94-21, filed 1/10/96, effective 2/10/96)

WAC 173-224-040 Permit fee schedule. (1) Application fee. In addition to the annual fee, first time applicants (except those applying for coverage under a general permit) will pay a one time application fee of twenty-five percent of the annual permit fee, or $250.00, whichever is greater. An application fee will be assessed for RCRA sites regardless of whether a new permit is being issued or an existing permit for other than the discharge resulting from the RCRA corrective action, is being modified.

(2) Industrial facility categories.

((industrial facility categories FY 96 FY 97

annual annual

permit fee permit fee

Aluminum Alloys $10,471.00 $10,937.00

Aluminum and Magnesium Reduction Mills

a. NPDES Permit 61,749.00 64,497.00

b. State Permit 30,875.00 32,249.00

Aluminum Forming 31,412.00 32,810.00

Aggregate Production

a. Mining Activities

1. Mining, screening, washing

and/or crushing 1,802.00 1,882.00

2. Inactive Sites

A. Single site 398.00 416.00

B. Single owner/multiple site (fee per site)

i. 1 site will pay 398.00 416.00

ii. Additional sites 2 - < 6 will pay 225.00 235.00

iii. Additional sites 6 - < 11 will pay 150.00 157.00

iv. Additional sites 11 and greater

will pay 75.00 78.00

The final fee for single owner/multiple inactive sites is the total sum of all the subcategories.

b. Asphalt Production

1. 0 - < 50,000 tons/yr. 751.00 784.00

2. 50,000 - < 300,000 tons/yr. 1,802.00 1,882.00

3. 300,000 tons/yr. and greater 2,253.00 2,353.00

c. Concrete Production

1. 0 - < 25,000 cu. yds/yr. 751.00 784.00

2. 25,000 - < 200,000 cu. yds/yr. 1,802.00 1,882.00

3. 200,000 cu. yds/yr. and greater 2,254.00 2,353.00

The fee for a facility in the aggregate production category is the sum of the applicable fees in the mining activities and concrete and asphalt production categories.

Aquaculture

a. Finfish hatching and rearing 3,141.00 3,281.00

b. Shellfish hatching 107.00 112.00

Boat Yards

a. With storm water only discharge 268.00 280.00

b. All others 537.00 561.00

Coal Mining and Preparation

a. < 200,000 tons per year 4,188.00 4,374.00

b. 200,000 - < 500,000 tons per year 9,424.00 9,843.00

c. 500,000 - < 1,000,000 tons per year 16,752.00 17,497.00

d. 1,000,000 tons per year and greater 29,879.00 32,810.00

Combined Industrial Waste Treatment

a. < 10,000 gpd 2,094.00 2,187.00

b. 10,000 - < 50,000 gpd 5,235.00 5,468.00

c. 50,000 - < 100,000 gpd 10,471.00 10,937.00

d. 100,000 - < 500,000 gpd 20,941.00 21,873.00

e. 500,000 gpd and greater 31,412.00 32,810.00

Combined Food Processing Waste Treatment

Facilities 10,471.00 10,937.00

Combined Sewer Overflow System

a. < 50 acres 2,094.00 2,187.00

b. 50 - < 100 acres 5,235.00 5,468.00

c. 100 - < 500 acres 6,283.00 6,563.00

d. 500 acres and greater 8,377.00 8,750.00

Commercial Laundry 268.00 280.00

Concentrated Animal Feeding Operation (Including Dairies)

a. < 200 Animal Units 107.00 112.00

b. 200 - < 400 Animal Units 268.00 280.00

c. 400 - < 600 Animal Units 537.00 561.00

d. 600 - < 800 Animal Units 805.00 841.00

e. 800 Animal Units and greater 1,074.00 1,122.00

Crop Preparing

a. 0 - < 1,000 bins/yr. 209.00 218.00

b. 1,000 - < 5,000 bins/yr. 418.00 437.00

c. 5,000 - < 10,000 bins/yr. 838.00 875.00

d. 10,000 - < 15,000 bins/yr. 1,676.00 1,751.00

e. 15,000 - < 20,000 bins/yr. 2,774.00 2,897.00

f. 20,000 - < 25,000 bins/yr. 3,874.00 4,046.00

g. 25,000 - < 50,000 bins/yr. 5,182.00 5,413.00

h. 50,000 - < 75,000 bins/yr. 5,759.00 6,015.00

i. 75,000 - < 100,000 bins/yr. 6,701.00 6,999.00

j. 100,000 - < 125,000 bins/yr. 8,377.00 8,750.00

k. 125,000 - < 150,000 bins/yr. 10,471.00 10,937.00

l. 150,000 bins/yr. and greater 12,562.00 13,124.00

Facilities Not Otherwise Classified

a. < 1,000 gpd 1,047.00 1,094.00

b. 1,000 - < 10,000 gpd 2,094.00 2,187.00

c. 10,000 - < 50,000 gpd 5,235.00 5,468.00

d. 50,000 - < 100,000 gpd 8,377.00 8,750.00

e. 100,000 - < 500,000 gpd 16,752.00 17,497.00

f. 500,000 - < 1,000,000 gpd 20,941.00 21,873.00

g. 1,000,000 gpd and greater 31,412.00 32,810.00

Flavor Extraction

a. Steam Distillation 107.00 112.00

Food Processing

a. < 1,000 gpd 1,047.00 1,094.00

b. 1,000 - < 10,000 gpd 2,670.00 2,789.00

c. 10,000 - < 50,000 gpd 4,764.00 4,976.00

d. 50,000 - < 100,000 gpd 7,486.00 7,819.00

e. 100,000 - < 250,000 gpd 10,471.00 10,937.00

f. 250,000 - < 500,000 gpd 13,769.00 14,382.00

g. 500,000 - < 750,000 gpd 17,276.00 18,045.00

h. 750,000 - < 1,000,000 gpd 20,941.00 21,873.00

i. 1,000,000 - < 2,500,000 gpd 25,653.00 26,795.00

j. 2,500,000 - < 5,000,000 gpd 28,794.00 30,075.00

k. 5,000,000 gpd and greater 31,412.00 32,810.00

Fuel and Chemical Storage

a. < 50,000 bbls 1,047.00 1,094.00

b. 50,000 - < 100,000 bbls 2,094.00 2,187.00

c. 100,000 - < 500,000 bbls 5,235.00 5,468.00

d. 500,000 bbls and greater 10,471.00 10,937.00

Hazardous Waste Clean Up Sites

a. Leaking Underground Storage Tanks (LUST)

1. State Permit 2,747.00 2,869.00

2. NPDES Permit Issued pre 7/1/94 2,747.00 2,869.00

3. NPDES Permit Issued post 7/1/94 5,493.00 5,737.00

b. NonLUST Sites

1. 1 or 2 Contaminants of concern 5,370.00 5,609.00

2. > 2 Contaminants of concern 10,739.00 11,217.00

Ink Formulation and Printing

a. Commercial Print Shops 1,611.00 1,683.00

b. Newspapers 2,685.00 2,804.00

c. Box Plants 4,296.00 4,487.00

d. Ink Formulation 5,370.00 5,609.00

Inorganic Chemicals Manufacturing

a. Lime Products 5,235.00 5,468.00

b. Fertilizer 6,283.00 6,583.00

c. Peroxide 8,377.00 8,750.00

d. Alkaline Earth Salts 10,471.00 10,937.00

e. Metal Salts 14,658.00 15,310.00

f. Acid Manufacturing 20,941.00 21,873.00

g. Chlor-alkali 41,833.00 43,747.00

Irrigation Drainage Districts (only if covered under a municipal storm water permit as listed in subsection (3)(a)(iii) of this section).

Iron and Steel

a. Foundries 10,471.00 10,937.00

b. Mills 20,941.00 21,873.00

Metal Finishing

a. < 1,000 gpd 1,256.00 1,312.00

b. 1,000 - < 10,000 gpd 2,094.00 2,187.00

c. 10,000 - < 50,000 gpd 5,235.00 5,468.00

d. 50,000 - < 100,000 gpd 10,471.00 10,937.00

e. 100,000 - < 500,000 gpd 20,941.00 21,873.00

f. 500,000 gpd and greater 31,412.00 32,810.00

Noncontact Cooling Water With Additives

a. < 1,000 gpd 655.00 684.00

b. 1,000 - < 10,000 gpd 1,309.00 1,367.00

c. 10,000 - < 50,000 gpd 1,964.00 2,051.00

d. 50,000 - < 100,000 gpd 4,582.00 4,786.00

e. 100,000 - < 500,000 gpd 7,853.00 8,202.00

f. 500,000 - < 1,000,000 gpd 11,126.00 11,621.00

g. 1,000,000 - < 2,500,000 gpd 14,398.00 15,039.00

h. 2,500,000 - < 5,000,000 gpd 17,668.00 18,454.00

i. 5,000,000 gpd and greater 20,941.00 21,873.00

Noncontact Cooling Water Without Additives

a. < 1,000 gpd 524.00 547.00

b. 1,000 - < 10,000 gpd 1,047.00 1,094.00

c. 10,000 - < 50,000 gpd 1,571.00 1,641.00

d. 50,000 - < 100,000 gpd 3,665.00 3,828.00

e. 100,000 - < 500,000 gpd 6,283.00 6,563.00

f. 500,000 - < 1,000,000 gpd 8,900.00 9,296.00

g. 1,000,000 - < 2,500,000 gpd 11,518.00 12,031.00

h. 2,500,000 - < 5,000,000 gpd 14,435.00 14,764.00

i. 5,000,000 gpd and greater 16,752.00 17,497.00

Nonferrous Metals Forming 10,471.00 10,937.00

Ore Mining

a. Ore Mining 2,094.00 2,187.00

b. Ore mining w/physical concentration

processes 4,188.00 4,374.00

c. Ore mining with physical and chemical

concentration processes 16,752.00 17,497.00

Organic Chemicals Manufacturing

a. Fertilizer 10,471.00 10,937.00

b. Aliphatic 20,941.00 21,873.00

c. Aromatic 31,412.00 32,810.00

Petroleum Refining

a. < 10,000 bbls/d 20,941.00 21,873.00

b. 10,000 - < 50,000 bbls/d 41,883.00 43,747.00

c. 50,000 bbls/d and greater 83,764.00 87,497.00

Photofinishers

a. < 1,000 gpd 838.00 875.00

b. 1,000 gpd and greater 2,094.00 2,187.00

Power and/or Steam Plants

a. Steam Generation - Nonelectric 4,188.00 4,374.00

b. Hydroelectric 4,188.00 4,374.00

c. Nonfossil Fuel 6,283.00 6,563.00

d. Fossil Fuel 16,752.00 17,497.00

Pulp, Paper and Paper Board

a. Fiber Recyclers 10,471.00 10,937.00

b. Paper Mills 20,941.00 21,873.00

c. Groundwood Pulp Mills

1. < 300 tons per day 31,412.00 32,810.00

2. > 300 tons per day 62,824.00 65,620.00

d. Chemical Pulp Mills

w/o Chlorine Bleaching 83,764.00 87,491.00

e. Chemical Pulp Mills

w/Chlorine Bleaching 94,265.00 98,428.00

Radioactive Effluents and Discharges (RED)

a. < 3 waste streams 20,270.00 21,172.00

b. 3 - < 8 waste streams 35,180.00 36,746.00

c. 8 waste streams and greater 57,943.00 60,521.00

RCRA Corrective Action Sites 14,718.00 15,373.00

Seafood Processing

a. < 1,000 gpd 1,047.00 1,094.00

b. 1,000 - < 10,000 gpd 2,670.00 2,789.00

c. 10,000 - < 50,000 gpd 4,764.00 4,976.00

d. 50,000 - < 100,000 gpd 7,486.00 7,819.00

e. 100,000 gpd and greater 10,471.00 10,937.00

Shipyards

a. Per crane, travel lift, small boat lift 2,094.00 2,187.00

b. Per drydock under 250 ft in length 2,094.00 2,187.00

c. Per graving dock 2,094.00 2,187.00

d. Per marine way 3,141.00 3,281.00

e. Per sycrolift 3,141.00 3,281.00

f. Per drydock over 250 ft in length 4,188.00 4,374.00

The fee for a facility in the shipyard category is the sum of the fees for the applicable units in the facility.

Solid Waste Sites (nonstorm water)

a. Nonputrescible 4,188.00 4,374.00

b. < 50 acres 8,377.00 8,750.00

c. 50 - < 100 acres 16,752.00 17,497.00

d. 100 - < 250 acres 20,941.00 21,873.00

e. 250 acres and greater 31,412.00 32,810.00

Storm Water (Unless specifically categorized elsewhere.)

a. Individual Industrial Permits

1. < 50 acres 2,094.00 2,187.00

2. 50 - < 100 acres 4,188.00 4,374.00

3. 100 - < 500 acres 6,283.00 6,563.00

4. 500 acres and greater 8,377.00 8,750.00

b. Facilities covered under the Baseline

Industrial Storm Water General Permit 279.00 291.00

c. Construction activities covered under the

Baseline Industrial Storm Water

General Permit 279.00 291.00

Textile Mills 41,833.00 43,747.00

Timber Products

a. Log Storage 2,094.00 2,187.00

b. Veneer 4,188.00 4,374.00

c. Sawmills 8,377.00 8,750.00

d. Hardwood, Plywood 14,658.00 15,310.00

e. Wood Preserving 20,941.00 21,873.00

Vegetable/Bulb Washing Facilities

a. < 1,000 gpd 69.00 72.00

b. 1,000 - < 5,000 gpd 139.00 145.00

c. 5,000 - < 10,000 gpd 276.00 288.00

d. 10,000 - < 20,000 gpd 554.00 579.00

e. 20,000 and greater 918.00 959.00

Vehicle Maintenance and Freight Transfer

a. < 0.5 acre 2,094.00 2,187.00

b. 0.5 - < 1.0 acre 4,188.00 4,374.00

c. 1.0 acre and greater 6,283.00 6,563.00

Water Plants

a. Potable water treatment 2,618.00 2,735.00

Wineries

a. < 500 gpd 214.00 224.00

b. 500 - < 750 gpd 429.00 448.00

c. 750 - < 1,000 gpd 857.00 895.00

d. 1,000 - < 2,500 gpd 1,714.00 1,790.00

e. 2,500 - < 5,000 gpd 2,731.00 2,853.00

f. 5,000 gpd and greater 3,749.00 3,916.00))

industrial facility categories FY 98 FY 99

annual annual

permit fee permit fee

Aluminum Alloys $11,380.00 $11,836.00

Aluminum and Magnesium Reduction Mills

a. NPDES Permit 67,109.00 69,800.00

b. State Permit 33,555.00 34,901.00

Aluminum Forming 34,139.00 35,508.00

Aggregate Production - Individual Permit Coverage

a. Mining Activities

1. Mining, screening, washing

and/or crushing 1,958.00 2,037.00

2. Nonoperating aggregate site

A. Single site 433.00 450.00

B. Single owner/multiple site (fee per site)

i. 1 site will pay 433.00 450.00

ii. Additional sites 2 - < 6 will pay 245.00 255.00

iii. Additional sites 6 - < 11 will pay 163.00 170.00

iv. Additional sites 11 and greater

will pay 81.00 84.00

The final fee for single owner/multiple nonoperating aggregate sites is the total sum of all the subcategories.

b. Asphalt Production

1. 0 - < 50,000 tons/yr. 816.00 849.00

2. 50,000 - < 300,000 tons/yr. 1,958.00 2,037.00

3. 300,000 tons/yr. and greater 2,448.00 2,546.00

c. Concrete Production

1. 0 - < 25,000 cu. yds/yr. 816.00 849.00

2. 25,000 - < 200,000 cu. yds/yr. 1,958.00 2,037.00

3. 200,000 cu. yds/yr. and greater 2,448.00 2,546.00

The fee for a facility in the aggregate production category is the sum of the applicable fees in the mining activities and concrete and asphalt production categories.

Aggregate Production - General Permit Coverage

a. Mining Activities

1. Mining, screening, washing

and/or crushing 1,371.00 1,426.00

2. Nonoperating aggregate site

A. Single Site 303.00 315.00

B. Single owner/multiple site

i. 1 site will pay 303.00 315.00

ii. Additional sites 2 - < 6 will pay 172.00 179.00

iii. Additional sites 6 - < 11 will pay 114.00 119.00

iv. Additional sites 11 and greater

will pay 57.00 59.00

The final fee for single owner/multiple nonoperating aggregate sites is the total sum of all the subcategories.

b. Asphalt Production

1. 0 - < 50,000 tons/yr. 571.00 594.00

2. 50,000 - < 300,000 tons/yr. 1,371.00 1,427.00

3. 300,000 tons/yr. and greater 1,714.00 1,782.00

c. Concrete Production

1. 0 - < 25,000 cu. yds/yr. 571.00 594.00

2. 25,000 - < 200,000 cu. yds/yr. 1,371.00 1,427.00

3. 200,000 cu. yds/yr. and greater 1,714.00 1,782.00

The fee for a facility in the aggregate production category is the sum of the applicable fees in the mining activities and concrete and asphalt production categories.

Aquaculture

a. Finfish hatching and rearing

- Individual Permit 3,414.00 3,551.00

b. Finfish hatching and rearing -

General Permit Coverage 2,390.00 2,486.00

c. Shellfish hatching 117.00 122.00

Boat Yards - Individual Permit Coverage

a. With storm water only discharge 291.00 303.00

b. All others 584.00 607.00

Boat Yards - General Permit Coverage

a. With storm water only discharge 204.00 212.00

b. All others 409.00 425.00

Coal Mining and Preparation

a. < 200,000 tons per year 4,551.00 4,733.00

b. 200,000 - < 500,000 tons per year 10,242.00 10,653.00

c. 500,000 - < 1,000,000 tons per year 18,206.00 18,936.00

d. 1,000,000 tons per year and greater 34,139.00 35,508.00

Combined Industrial Waste Treatment

a. < 10,000 gpd 2,276.00 2,367.00

b. 10,000 - < 50,000 gpd 5,689.00 5,917.00

c. 50,000 - < 100,000 gpd 11,380.00 11,836.00

d. 100,000 - < 500,000 gpd 22,759.00 23,672.00

e. 500,000 gpd and greater 34,139.00 35,508.00

Combined Food Processing Waste Treatment

Facilities 10,895.00 11,332.00

Combined Sewer Overflow System

a. < 50 acres 2,276.00 2,367.00

b. 50 - < 100 acres 5,689.00 5,918.00

c. 100 - < 500 acres 6,829.00 7,103.00

d. 500 acres and greater 9,104.00 9,469.00

Commercial Laundry 291.00 303.00

Concentrated Animal Feeding Operation (Including Dairies) -

Individual Permit Coverage

a. < 200 Animal Units 117.00 121.00

b. 200 - < 400 Animal Units 291.00 303.00

c. 400 - < 600 Animal Units 584.00 607.00

d. 600 - < 800 Animal Units 875.00 910.00

e. 800 Animal Units and greater 1,167.00 1,214.00

Concentrated Animal Feeding Operation (Including Dairies) - General Permit Coverage

a. < 200 Animal Units 82.00 85.00

b. 200 - < 400 Animal Units 204.00 212.00

c. 400 - < 600 Animal Units 409.00 425.00

d. 600 - < 800 Animal Units 613.00 637.00

e. 800 Animal Units and greater 817.00 850.00

Crop Preparing - Individual Permit Coverage

a. 0 - < 1,000 bins/yr. 227.00 236.00

b. 1,000 - < 5,000 bins/yr. 455.00 473.00

c. 5,000 - < 10,000 bins/yr. 910.00 947.00

d. 10,000 - < 15,000 bins/yr. 1,822.00 1,895.00

e. 15,000 - < 20,000 bins/yr. 3,014.00 3,135.00

f. 20,000 - < 25,000 bins/yr. 4,210.00 4,379.00

g. 25,000 - < 50,000 bins/yr. 5,632.00 5,858.00

h. 50,000 - < 75,000 bins/yr. 6,259.00 6,510.00

i. 75,000 - < 100,000 bins/yr. 7,282.00 7,574.00

j. 100,000 - < 125,000 bins/yr. 9,104.00 9,469.00

k. 125,000 - < 150,000 bins/yr. 11,380.00 11,836.00

l. 150,000 bins/yr. and greater 13,656.00 14,203.00

Crop Preparing - General Permit Coverage

a. 0 - < 1,000 bins/yr. 159.00 165.00

b. 1,000 - < 5,000 bins/yr. 319.00 331.00

c. 5,000 - < 10,000 bins/yr. 637.00 663.00

d. 10,000 - < 15,000 bins/yr. 1,275.00 1,327.00

e. 15,000 - < 20,000 bins/yr. 2,110.00 2,195.00

f. 20,000 - < 25,000 bins/yr. 2,947.00 3,065.00

g. 25,000 - < 50,000 bins/yr. 3,942.00 4,100.00

h. 50,000 - < 75,000 bins/yr. 4,381.00 4,557.00

i. 75,000 - < 100,000 bins/yr. 5,097.00 5,302.00

j. 100,000 - < 125,000 bins/yr. 6,373.00 6,628.00

k. 125,000 - < 150,000 bins/yr. 7,966.00 8,285.00

l. 150,000 bins/yr. and greater 9,559.00 9,942.00

Facilities Not Otherwise Classified - Individual Permit Coverage

a. < 1,000 gpd 1,138.00 1,184.00

b. 1,000 - < 10,000 gpd 2,276.00 2,367.00

c. 10,000 - < 50,000 gpd 5,689.00 5,918.00

d. 50,000 - < 100,000 gpd 9,104.00 9,469.00

e. 100,000 - < 500,000 gpd 18,206.00 18,936.00

f. 500,000 - < 1,000,000 gpd 22,759.00 23,671.00

g. 1,000,000 gpd and greater 34,139.00 35,508.00

Facilities Not Otherwise Classified - General Permit Coverage

a. < 1,000 gpd 797.00 829.00

b. 1,000 - < 10,000 gpd 1,593.00 1,657.00

c. 10,000 - < 50,000 gpd 3,982.00 4,143.00

d. 50,000 - < 100,000 gpd 6,373.00 6,628.00

e. 100,000 - < 500,000 gpd 12,744.00 13,255.00

f. 500,000 - < 1,000,000 gpd 15,931.00 16,570.00

g. 1,000,000 gpd and greater 23,897.00 24,856.00

Flavor Extraction

a. Steam Distillation 117.00 121.00

Food Processing

a. < 1,000 gpd 1,138.00 1,183.00

b. 1,000 - < 10,000 gpd 2,902.00 3,018.00

c. 10,000 - < 50,000 gpd 5,178.00 5,385.00

d. 50,000 - < 100,000 gpd 8,136.00 8,462.00

e. 100,000 - < 250,000 gpd 11,380.00 11,836.00

f. 250,000 - < 500,000 gpd 14,964.00 15,564.00

g. 500,000 - < 750,000 gpd 18,776.00 19,529.00

h. 750,000 - < 1,000,000 gpd 22,759.00 23,671.00

i. 1,000,000 - < 2,500,000 gpd 27,880.00 28,998.00

j. 2,500,000 - < 5,000,000 gpd 31,293.00 32,548.00

k. 5,000,000 gpd and greater 34,139.00 35,508.00

Fuel and Chemical Storage

a. < 50,000 bbls 1,138.00 1,184.00

b. 50,000 - < 100,000 bbls 2,276.00 2,367.00

c. 100,000 - < 500,000 bbls 5,689.00 5,918.00

d. 500,000 bbls and greater 11,380.00 11,836.00

Hazardous Waste Clean Up Sites

a. Leaking Underground Storage Tanks (LUST)

1. State Permit 2,985.00 3,105.00

2. NPDES Permit Issued pre 7/1/94 2,985.00 3,105.00

3. NPDES Permit Issued post 7/1/94 5,969.00 6,209.00

b. NonLUST Sites

1. 1 or 2 Contaminants of concern 5,836.00 6,070.00

2. > 2 Contaminants of concern 11,671.00 12,139.00

Ink Formulation and Printing

a. Commercial Print Shops 1,751.00 1,821.00

b. Newspapers 2,918.00 3,035.00

c. Box Plants 4,669.00 4,856.00

d. Ink Formulation 5,836.00 6,070.00

Inorganic Chemicals Manufacturing

a. Lime Products 5,689.00 5,918.00

b. Fertilizer 6,850.00 7,124.00

c. Peroxide 9,104.00 9,469.00

d. Alkaline Earth Salts 11,380.00 11,836.00

e. Metal Salts 15,930.00 16,569.00

f. Acid Manufacturing 22,759.00 23,671.00

g. Chlor-alkali 45,519.00 47,344.00

Iron and Steel

a. Foundries 11,380.00 11,836.00

b. Mills 22,759.00 23,692.00

Metal Finishing

a. < 1,000 gpd 1,365.00 1,419.00

b. 1,000 - < 10,000 gpd 2,275.00 2,366.00

c. 10,000 - < 50,000 gpd 5,689.00 5,917.00

d. 50,000 - < 100,000 gpd 11,379.00 11,835.00

e. 100,000 - < 500,000 gpd 22,758.00 23,670.00

f. 500,000 gpd and greater 34,138.00 35,506.00

Noncontact Cooling Water With Additives

a. < 1,000 gpd 712.00 740.00

b. 1,000 - < 10,000 gpd 1,422.00 1,479.00

c. 10,000 - < 50,000 gpd 2,134.00 2,220.00

d. 50,000 - < 100,000 gpd 4,980.00 5,179.00

e. 100,000 - < 500,000 gpd 8,534.00 8,876.00

f. 500,000 - < 1,000,000 gpd 12,092.00 12,577.00

g. 1,000,000 - < 2,500,000 gpd 15,648.00 16,276.00

h. 2,500,000 - < 5,000,000 gpd 19,201.00 19,971.00

i. 5,000,000 gpd and greater 22,759.00 23,671.00

Noncontact Cooling Water Without Additives - Individual Permit Coverage

a. < 1,000 gpd 569.00 592.00

b. 1,000 - < 10,000 gpd 1,138.00 1,184.00

c. 10,000 - < 50,000 gpd 1,707.00 1,776.00

d. 50,000 - < 100,000 gpd 3,983.00 4,143.00

e. 100,000 - < 500,000 gpd 6,829.00 7,103.00

f. 500,000 - < 1,000,000 gpd 9,672.00 10,060.00

g. 1,000,000 - < 2,500,000 gpd 12,518.00 13,020.00

h. 2,500,000 - < 5,000,000 gpd 15,362.00 15,978.00

i. 5,000,000 gpd and greater 18,206.00 18,936.00

Noncontact Cooling Water Without Additives - General Permit Coverage

a. < 1,000 gpd 398.00 414.00

b. 1,000 - < 10,000 gpd 797.00 829.00

c. 10,000 - < 50,000 gpd 1,195.00 1,243.00

d. 50,000 - < 100,000 gpd 2,788.00 2,900.00

e. 100,000 - < 500,000 gpd 4,780.00 4,972.00

f. 500,000 - < 1,000,000 gpd 6,770.00 7,042.00

g. 1,000,000 - < 2,500,000 gpd 8,763.00 9,114.00

h. 2,500,000 - < 5,000,000 gpd 10,753.00 11,185.00

i. 5,000,000 gpd and greater 12,744.00 13,255.00

Nonferrous Metals Forming 11,380.00 11,836.00

Ore Mining

a. Ore Mining 2,276.00 2,367.00

b. Ore mining w/physical concentration

processes 4,551.00 4,734.00

c. Ore mining with physical and chemical

concentration processes 18,206.00 18,936.00

Organic Chemicals Manufacturing

a. Fertilizer 11,380.00 11,836.00

b. Aliphatic 22,759.00 23,671.00

c. Aromatic 34,139.00 35,508.00

Petroleum Refining

a. < 10,000 bbls/d 22,759.00 23,671.00

b. 10,000 - < 50,000 bbls/d 45,519.00 47,344.00

c. 50,000 bbls/d and greater 91,041.00 94,691.00

Photofinishers

a. < 1,000 gpd 910.00 947.00

b. 1,000 gpd and greater 2,276.00 2,367.00

Power and/or Steam Plants

a. Steam Generation - Nonelectric 4,551.00 4,733.00

b. Hydroelectric 4,551.00 4,733.00

c. Nonfossil Fuel 6,829.00 7,102.00

d. Fossil Fuel 18,206.00 18,936.00

Pulp, Paper and Paper Board

a. Fiber Recyclers 11,380.00 11,835.00

b. Paper Mills 22,759.00 23,671.00

c. Groundwood Pulp Mills

1. < 300 tons per day 34,139.00 35,508.00

2. > 300 tons per day 68,278.00 71,016.00

d. Chemical Pulp Mills

w/o Chlorine Bleaching 91,034.00 94,685.00

e. Chemical Pulp Mills

w/Chlorine Bleaching 102,414.00 106,521.00

Radioactive Effluents and Discharges (RED)

a. < 3 waste streams 22,029.00 22,913.00

b. 3 - < 8 waste streams 38,234.00 39,767.00

c. 8 waste streams and greater 62,972.00 65,497.00

RCRA Corrective Action Sites 15,996.00 16,637.00

Seafood Processing

a. < 1,000 gpd 1,138.00 1,184.00

b. 1,000 - < 10,000 gpd 2,902.00 3,018.00

c. 10,000 - < 50,000 gpd 5,178.00 5,385.00

d. 50,000 - < 100,000 gpd 8,136.00 8,462.00

e. 100,000 gpd and greater 11,380.00 11,836.00

Shipyards

a. Per crane, travel lift, small boat lift 2,276.00 2,367.00

b. Per drydock under 250 ft in length 2,276.00 2,367.00

c. Per graving dock 2,276.00 2,367.00

d. Per marine way 3,414.00 3,551.00

e. Per sycrolift 3,414.00 3,551.00

f. Per drydock over 250 ft in length 4,551.00 4,734.00

The fee for a facility in the shipyard category is the sum of the fees for the applicable units in the facility.

Solid Waste Sites (nonstorm water)

a. Nonputrescible 4,551.00 4,734.00

b. < 50 acres 9,104.00 9,469.00

c. 50 - < 100 acres 18,206.00 18,936.00

d. 100 - < 250 acres 22,759.00 23,671.00

e. 250 acres and greater 34,139.00 35,508.00

Storm Water (Unless specifically categorized elsewhere.)

a. Individual Industrial Permits

1. < 50 acres 2,276.00 2,367.00

2. 50 - < 100 acres 4,551.00 4,734.00

3. 100 - < 500 acres 6,829.00 7,102.00

4. 500 acres and greater 9,104.00 9,469.00

b. Facilities covered under the

Industrial Storm Water General Permit 303.00 315.00

c. Construction activities covered under

the Industrial Storm Water

General Permit 303.00 315.00

Textile Mills 45,519.00 47,344.00

Timber Products

a. Log Storage 2,276.00 2,367.00

b. Veneer 4,551.00 4,734.00

c. Sawmills 9,104.00 9,469.00

d. Hardwood, Plywood 15,930.00 16,569.00

e. Wood Preserving 22,759.00 23,671.00

Vegetable/Bulb Washing Facilities

a. < 1,000 gpd 75.00 78.00

b. 1,000 - < 5,000 gpd 151.00 157.00

c. 5,000 - < 10,000 gpd 300.00 312.00

d. 10,000 - < 20,000 gpd 602.00 627.00

e. 20,000 and greater 998.00 1,038.00

Vehicle Maintenance and Freight Transfer

a. < 0.5 acre 2,276.00 2,367.00

b. 0.5 - < 1.0 acre 4,551.00 4,734.00

c. 1.0 acre and greater 6,829.00 7,102.00

Water Plants - Individual Permit Coverage 2,846.00 2,960.00

Water Plants - General Permit Coverage 1,992.00 2,072.00

Wineries

a. < 500 gpd 233.00 242.00

b. 500 - < 750 gpd 466.00 485.00

c. 750 - < 1,000 gpd 931.00 969.00

d. 1,000 - < 2,500 gpd 1,862.00 1,937.00

e. 2,500 - < 5,000 gpd 2,969.00 3,088.00

f. 5,000 gpd and greater 4,075.00 4,239.00

(a) Facilities other than those in the aggregate production, crop preparing, shipyard, or RCRA categories which operate within several fee categories or subcategories shall be charged from that category or subcategory with the highest fee.

(b) ((Facilities with existing fee structures that obtain coverage under a general permit other than the industrial and municipal storm water general permits shall be charged a permit fee equaling 70% of the fee category in which they would otherwise belong.

(c))) The total annual permit fee for a water treatment plant that primarily serves residential customers shall not exceed three dollars per residential equivalent. The number of residential equivalents is determined by dividing the facility's annual gross revenue in the previous calendar year by the annual user charge for a single family residence which uses nine hundred cubic feet of water per month.

(((d))) (c) Crop preparation and aggregate production permittees are required to submit information to the department certifying annual production (calendar year) or unit processes. When required, the information form shall be completed and returned to the department within thirty days after it is mailed to the permittee by the department. Failure to provide this information could result in permit termination.

(i) Information submitted shall bear a certification of correctness and be signed:

(A) In the case of a corporation, by an authorized corporate officer;

(B) In the case of a limited partnership, by an authorized general partner;

(C) In the case of a general partnership, by an authorized partner; or

(D) In the case of a sole proprietorship, by the proprietor.

(ii) The department may verify information submitted and, if it determines that false or inaccurate statements have been made, it may, in addition to taking other actions provided by law, revise both current and previously granted fee determinations.

(((e))) (d) Fees for crop preparers discharging only noncontact cooling water without additives shall pay the lesser of the applicable fee in the crop preparing or noncontact cooling water without additives categories.

(((f))) (e) Where no clear industrial facility category exists for placement of a permittee, the department may elect to place the permittee in a category with dischargers or permittees that contain or use similar properties or processes and/or a category which contains similar permitting complexities to the department.

(((g))) (f) Hazardous waste clean up sites and EPA authorized RCRA corrective action sites with whom the department is commencing cost recovery through chapter 70.105D RCW shall not pay a permit fee under chapter 173-224 WAC until such time as the cost recovery under chapter 70.105D RCW ceases.

(((h))) (g) Any permit holder with the exception of ((inactive)) nonoperating aggregate operations who has not been in continuous operation within a consecutive eighteen-month period or who commits to not being in operation for a consecutive eighteen-month period or longer can have their permit fee reduced to twenty-five percent of the fee which they would be otherwise assessed. This nonoperating mode must be verified by the appropriate ecology staff. Once operations resume, the permit fee shall be returned to the full amount.

Facilities who commit to the minimum eighteen-month nonoperating mode but go back into operation during the same eighteen-month period will be assessed permit fees as if they were active during the entire period.

(((i) Fees for inactive aggregate sites that become active will be prorated to reflect the number of days the facility is active during the fiscal year. Facilities that become active more than once in a fiscal year shall pay the full annual fee.

(j))) (h) Facilities with subcategories based on gallons per day (gpd) shall have their annual permit fee determined by using the maximum daily flow or maximum monthly average permitted flow in gallons per day as specified in the waste discharge permit, whichever is greater.

(((k))) (i) RCRA corrective action sites requiring a waste discharge permit will be assessed a separate permit fee regardless of whether the discharge is authorized by a separate permit or by a modification to an existing permit for a discharge other than that resulting from the corrective action.

(3) municipal/domestic facilities

(a) The annual permit fee for a permit held by a municipality for a domestic wastewater facility issued under RCW 90.48.162 or 90.48.260 is determined as follows:

(((i) Residential FY 96 Annual FY 97 Annual

Equivalents Permit Fee Permit Fee

(RE)

< 250,000 $1.29 per RE $1.35 per RE

> 250,000 .78 per RE .81 per RE))

(i) Residential FY 98 Annual FY 99 Annual

Equivalents Permit Fee Permit Fee

(RE)

< 250,000 $1.40 per RE $1.46 per RE

> 250,000 .84 per RE .88 per RE

(ii) ((In addition to the municipal annual permit fee, a biosolids surcharge amounting to five percent of the annual permit fee will also be assessed for municipalities who do not incinerate their sludge.

(iii))) Municipal storm water permit annual fee for only the entities listed below will be:

((Name of Entity FY 96 Annual FY 97 Annual

Permit Fee Permit Fee

King County $ 23,852.00 $ 24,913.00

Snohomish County 23,852.00 24,913.00

Pierce County 23,852.00 24,913.00

Tacoma, City of 23,852.00 24,913.00

Seattle, City of 23,852.00 24,913.00

Department of

Transportation 23,852.00 24,913.00

Clark County 23,852.00 24,913.00

Spokane, County 23,852.00 24,913.00))



Name of Entity FY 98 Annual FY 99 Annual

Permit Fee Permit Fee

King County $ 25,922.00 $ 26,961.00

Snohomish County 25,922.00 26,961.00

Pierce County 25,922.00 26,961.00

Tacoma, City of 25,922.00 26,961.00

Seattle, City of 25,922.00 26,961.00

Department of

Transportation 25,922.00 26,961.00

Clark County 25,922.00 26,961.00

Facilities listed in (a)(((iii))) (ii) of this subsection shall pay an annual fee for fiscal year ((1996)) 1998 and fiscal year ((1997)) 1999 regardless of the permit issuance date or the number of municipal storm water permits under which they are covered.

(b) The annual permit fee for each permit issued under RCW 90.48.162 or 90.48.260 that is held by a municipality that holds more than one permit for domestic wastewater facilities and which treats each domestic wastewater facility as a separate accounting entity, (i.e., maintaining separate funds/accounts for each facility, into which revenue received from the users of that facility is deposited and out of which expenditures to pay for the costs of operating, etc., that facility are made) is determined as in (a) of this subsection.

(c) The sum of the annual permit fees for permits held by a municipality that holds more than one permit for domestic wastewater facilities issued under RCW 90.48.162 or 90.48.260 and which does not treat each domestic wastewater facility as a separate accounting entity, (i.e., maintaining separate funds/accounts for each facility, into which revenue received from the users of that facility is deposited and out of which expenditures to pay for the costs of operating, etc., that facility are made) is determined as in (a) of this subsection.

(d) The permit fee for a privately-owned domestic wastewater facility that primarily serves residential customers is determined as in (a) of this subsection. Residential customers are those whose lot, parcel or real estate, or building is primarily used for domestic dwelling purposes.

(e) Permit fees for privately-owned domestic wastewater facilities that do not serve primarily residential customers and for state-owned domestic wastewater facilities are the following:

((Permitted Flows FY 96 Annual FY 97 Annual

Permit Fee Permit Fee

.1 MGD and Greater $5,235.00 $5,468.00

.05 MGD to < .1 MGD 2,094.00 2,187.00

.0008 MGD to < .05 MGD 1,047.00 1,094.00

< .0008 MGD 314.00 328.00))

Permitted Flows FY 98 Annual FY 99 Annual

Permit Fee Permit Fee

.1 MGD and Greater $5,689.00 $5,918.00

.05 MGD to < .1 MGD 2,276.00 2,367.00

.0008 MGD to < .05 MGD 1,138.00 1,184.00

< .0008 MGD 341.00 355.00

Privately-owned domestic wastewater facilities shall have their annual permit fee determined by using the maximum daily flow or maximum monthly average permitted flow in million gallons per day, whichever is greater, as specified in the waste discharge permit.

(f) The number of residential equivalents is calculated in the following manner:

(i) If the facility serves only single-family residences, the number of residential equivalents is the number of single-family residences that it served on January 1 of the previous calendar year.

(ii) If the facility serves both single-family residences and other classes of customers, the number of residential equivalents is calculated in the following manner:

(A) Calculation of the number of residential equivalents that the facility serves in its own service area. Subtract from the previous calendar year's gross revenue:

(I) Any amounts received from other municipalities for sewage interception, treatment, collection, or disposal; and

(II) Any user charges received from customers for whom the permit holder pays amounts to other municipalities for sewage treatment or disposal services. Divide the resulting figure by the annual user charge for a single-family residence.

(B) Calculation of the number of residential equivalents that the facility serves in other municipalities which pay amounts to the facility for sewage interception, treatment, collection, or disposal:

(I) Divide any such amounts received from other municipalities during the previous calendar year by the annual user charge for a single-family residence. In this case "annual user charge for a single-family residence" means the annual user charge that the facility charges other municipalities for sewage interception, treatment, collection, or disposal services for a single-family residence. If the facility charges different municipalities differing single-family residential user charges, then the charge used in these calculations must be that which applies to the largest number of single-family residential customers. Alternatively, if the facility charges different municipalities differing single-family residential user charges, the permit holder may divide the amount received from each municipality by the annual user charge that it charges that municipality for a single-family residence and sum the resulting figures.

(II) If the facility does not charge the other municipality on the basis of a charge per single-family residence, the number of residential equivalents in the other municipality is calculated by dividing its previous calendar year's gross revenue by its annual user charge for a single-family residence. If the other municipality does not maintain data on its gross revenue, user charges, and/or the number of single-family residences that it serves, the number of residential equivalents is calculated as in (f)(iv) of this subsection.

(III) If the other municipality serves only single-family residences, the number of residential equivalents may be calculated as in (f)(i) of this subsection.

The sum of the resulting figures is the number of residential equivalents that the facility serves in other municipalities.

(C) The number of residential equivalents is the sum of the number of residential equivalents calculated in (f)(ii)(A) and (B) of this subsection.

(iii) The annual user charge for a single-family residence is calculated by either of the following methods, at the choice of the permit holder:

(A) The annual user charge for a single-family residence using nine hundred cubic feet of water per month. If users are billed monthly, this is calculated by multiplying by twelve the monthly user charge for a single-family residence using nine hundred cubic feet of water per month. If users are billed bimonthly, the annual user charge is calculated by multiplying by six the bimonthly user charge for a single-family residence using one thousand eight hundred cubic feet of water per two-month period. If the user charge for a single-family residence varies, depending on age, income, location, etc., then the charge used in these calculations must be that which applies to the largest number of single-family residential customers.

(B) The average annual user charge for a single-family residence. This average is calculated by dividing the previous calendar year's gross revenue from provision of sewer services to single-family residences by the number of single-family residences served on January 1 of the previous calendar year. If the user charge for a single-family residence varies, depending on age, income, location, etc., then the gross revenue and number of single-family residences used in making this calculation must be those for all the single-family residential customers.

In either case, (f)(iii)(A) or (B) of this subsection, the permit holder must provide the department with a copy of its complete sewer rate schedule for all classes of customers.

(iv) If a permit holder does not maintain data on its gross revenue, user charges, and/or the number of single-family residences that it serves, and therefore cannot use the methods described in (f)(i) or (ii) of this subsection to calculate the number of residential equivalents that it serves, then the number of residential equivalents that it serves is calculated by dividing the average daily influent flow to its facility for the previous calendar year by two hundred fifty gallons. This average is calculated by summing all the daily flow measurements taken during the previous calendar year and then dividing the resulting sum by the number of days on which flow was measured. Data for this calculation must be taken from the permit holder's discharge monitoring reports. Permit holders using this means of calculating the number of their residential equivalents must submit with their application a complete set of copies of their discharge monitoring reports for the previous calendar year.

(g) Fee calculation procedures for holders of permits for domestic wastewater facilities.

(i) Municipalities holding permits for domestic wastewater facilities issued under RCW 90.48.162 and 90.48.260, and holders of permits for privately-owned domestic wastewater facilities that primarily serve residential customers must complete a form certifying the number of residential equivalents served by their domestic wastewater system. The form must be completed and returned to the department within thirty days after it is mailed to the permit holder by the department. Failure to return the form could result in permit termination. Fees will be calculated in even-numbered fiscal years.

(ii) The form shall bear a certification of correctness and be signed:

(A) In the case of a corporation, by an authorized corporate officer;

(B) In the case of a limited partnership, by an authorized partner;

(C) In the case of a general partnership, by an authorized partner;

(D) In the case of a sole proprietorship, by the proprietor; or

(E) In the case of a municipal or other public facility, by either a ranking elected official or a principal executive officer.

(iii) The department may verify the information contained in the form and, if it determines that the permit holder has made false statements, may, in addition to taking other actions provided by law, revise both current and previously granted fee determinations.

[Statutory Authority: Chapter 90.48 RCW. 96-03-041 (Order 94-21), 173-224-040, filed 1/10/96, effective 2/10/96; 94-10-027 (Order 93-08), 173-224-040, filed 4/28/94, effective 5/29/94; 92-03-131 (Order 91-45), 173-224-040, filed 1/21/92, effective 2/21/92. Statutory Authority: Chapter 43.21A RCW. 89-12-027 and 90-07-015 (Order 89-8 and 89-8A), 173-224-040, filed 5/31/89 and 3/13/90, effective 4/13/90.]

AMENDATORY SECTION (Amending Order 94-21, filed 1/10/96, effective 2/10/96)

WAC 173-224-050 Permit fee computation and payments. (1) The department shall charge permit fees based on the permit fee schedule contained in WAC 173-224-040. The department may charge fees at the beginning of the year to which they apply. The department shall notify permit holders of fee charges by mailing billing statements. Permit fees must be received by the department within forty-five days after the department mails a billing statement. The department may elect to bill permit holders a prorated portion of the annual fee on a monthly, quarterly, or other periodic basis. In cases where a new permit is only in effect for a portion of the fiscal year upon which the annual fee is based, the department shall prorate the fee on a quarterly basis. In addition to other circumstances, this applies where the department terminates a permit upon its determination that an industry which discharges to a municipal sewer system is satisfactorily regulated by a local pretreatment program.

(2) Permit fee computation for individual permits. Computation of permit fees shall begin on the first day of each fiscal year, or in the case of facilities or activities not previously covered by permits, on the issuance date of the permit. In the case of applicants for state waste discharge permits who are deemed to have a temporary permit under RCW 90.48.200, computation shall begin on the sixty-first day after the department accepts a completed application. In the case of NPDES permit holders who submit a new, updated permit application containing information which could change their assigned permit fee, computation and permit fee category reassignment begins upon acceptance of the application by the department. Any facility that obtains permit coverage but fails to operate will still be obligated to pay the annual permit fee assessment until the permit has been terminated by the department. Permits terminated during the fiscal year will have their fees prorated as follows unless it results in an annual fee assessment of less than one hundred dollars. Ecology will not process refunds of one hundred dollars or less:

(a) Permit coverage for up to three months will pay twenty-five percent of the annual permit fee;

(b) Permit coverage for three to six months will pay fifty percent of the annual permit fee;

(c) Permit coverage for six to nine months will pay seventy-five percent of the annual permit fee; and

(d) Permit coverage for nine months or greater will pay one hundred percent of the annual permit fee.

(3) Permit fee computation for general permits. Computation of fees for permittees covered under a general permit (with the exception of permittees ((covered under the baseline industrial storm water general permit)) who have received permit coverage under the general storm water permits for industrial and construction activities and municipal storm water general permit) begins at the end of the permit application coverage period, regardless of the date of submission of the notice of intent. Any facility that is an existing operation requiring general permit coverage but that does not apply for a permit during the permit application coverage period will incur fees beginning at the end of the application coverage period. Any facility that obtains permit coverage is obligated to pay the annual permit fee regardless of whether or not the facility has ever operated until the permit has been terminated by the department. Permits terminated during the fiscal year will have their fees prorated as described in subsection (2)(a), (b), (c) and (d) of this section unless it results in an annual fee assessment of less than one hundred dollars. Ecology will not process refunds of one hundred dollars or less.

(4) Permit fees for sand and gravel (aggregate) general permittees will be assessed as in subsection (3) of this section and:

(a) ((A mining facility that is active for three months or more during the state fiscal year will be considered active for the full year for fee purposes. A mining facility that is active for less than three months shall be considered inactive for fee calculation purposes.)) Nonoperating aggregate sites. A facility conducting mining, screening, washing and/or crushing activities is considered nonoperating for fee purposes if they are conducting these activities for less than ninety cumulative days during a calendar year. A facility producing no asphalt and/or concrete during the calendar year is also considered nonoperating for fee purposes.

(b) Inactive sites that become active for only concrete and/or asphalt production will be assessed a prorated fee for the actual time inactive. For the actual time a concrete and/or asphalt facility is active, fees will be based on total production of concrete and/or asphalt.

(c) Fees for continuously active sites that produce concrete and/or asphalt will be based on the average of the three previous calendar years production totals. Existing facilities must provide the department with the production totals for concrete and/or asphalt produced during the previous three calendar years or for the number of full calendar years of operation if less than three. New facilities with no historical asphalt and/or concrete production data will have their first year fee based on the production levels reported on the notice of intent for coverage under the National Pollutant Discharge Elimination System and State Waste Discharge Permit for Process Water and Storm Water Discharges Associated with Sand and Gravel Operations, Rock Quarries and Similar Mining Facilities including Stockpiles of Mined Materials, Concrete Batch Operations and Asphalt Batch Operations general permit. The second year fee will be determined based on the actual production during the first year and estimated production for the second year. The third year fee will be determined based on the average of actual production for the first two years and estimated for the third year. Fee calculation for subsequent years will be based on the average production values of previous years.

(5) Fees for crop preparation general permittees will be assessed as in subsection (3) of this section and will be computed on the three previous calendar years production totals. Existing facilities must provide the department with the production totals in the manner described in WAC 173-224-040 (2)(d). New facilities with no historical production data will have their first year fee based on the estimated production level for that year. The second year fee will be determined based on the actual production during the first year and estimated production for the second year. The third year fee will be determined based on the average of actual production for the first two years and estimated for the third year. Fee calculation for subsequent years will be based on the average production values of previous years.

(6) ((Permittees covered under the baseline industrial storm water general permit before July 1, 1993, will have their annual permit fees calculated beginning on July 1, 1993. Facilities that are existing operations prior to July 1, 1993, and apply for permit coverage after July 1, 1993, will be assessed the annual permit fee beginning on July 1, 1993. Construction activities receiving coverage under the baseline industrial storm water general permit after July 1, 1993, will be assessed a permit fee beginning upon the permit issuance date.)) Facilities with construction and industrial storm water general permit coverage will have their annual permit fees begin on the permit issuance date. Permit fee accrual will continue until the permit has been terminated by the department regardless if the activity covered under the permit has already ceased.

(7) Facilities with an existing NPDES and/or state wastewater discharge permit who also have obtained ((coverage under the baseline industrial storm water general permit shall not pay a permit fee for coverage under the baseline industrial storm water general permit)) industrial and/or construction storm water general permit coverage shall only pay an annual fee based on the permit with the highest permit fee category assessment.

(8) Computation of fees shall end on the last day of the state's fiscal year, or in the case of a terminated permit, during the quarter the termination took place.

(9) The applicable permit fee shall be paid by check or money order payable to the "Department of Ecology" and mailed to the Wastewater Discharge Permit Fee Program, P.O. Box 5128, Lacey, Washington ((98503-0210)) 98509-5128.

(10) In the event a check is returned due to insufficient funds, the permit fee shall be deemed to be unpaid.

(11) ((Penalty due on delinquent accounts. The department may charge permit holders a penalty on fee charges that have not been paid by the due date indicated on the billing statement at the rates of:

(a) Ten percent of the assessed fee for the first thirty days late;

(b) Fifteen percent of the assessed fee for between thirty-one days late and sixty days late; and

(c) Twenty-five percent of the assessed fee for between sixty-one days late and ninety days late.

Failure to pay fees and penalties after ninety days may result in termination of the permit or the exercise of such other legal or equitable remedies that ecology is authorized to carry out including, but not limited to, the assessment of additional penalties. Civil penalties issued by the department may be sufficiently large to offset the economic benefit gained from nonpayment of fees and to deter continued operation and/or nonpayment. Payment of civil penalties shall not be deemed as payment of fees, nor shall payment of fees after assessment of penalties be deemed as a cause for reducing the penalty. Nothing herein shall be interpreted as restricting the authority of the department to exercise its other enforcement remedies as authorized by law.)) Delinquent accounts. Permittees are considered delinquent in the payment of fees if the fees are not received by the first invoice billing due date. The department will notify the delinquent permittee by certified letter of its intent to turn the delinquent account over to a collection agency. Permit holders will have thirty days from receipt of the certified letter to bring the account up-to-date before the department turns it over for collection. Any delinquent account turned over for collection will be assessed a surcharge totaling twenty percent of the delinquent amount owed. The surcharge assessment is to recover the costs for collection. If the collection agency fails to recover the delinquent fees, the department may exercise other legal or equitable remedies including, but not limited to, the assessment of penalties. Civil penalties issued by the department shall not be deemed as payment of fees, nor shall payment of fees after assessment of penalties be deemed as a cause for reducing the penalty. Nothing herein shall be interpreted as restricting the authority of the department to exercise other enforcement remedies as authorized by law.

[Statutory Authority: Chapter 90.48 RCW. 96-03-041 (Order 94-21), 173-224-050, filed 1/10/96, effective 2/10/96; 94-10-027 (Order 93-08), 173-224-050, filed 4/28/94, effective 5/29/94; 92-03-131 (Order 91-45), 173-224-050, filed 1/21/92, effective 2/21/92. Statutory Authority: Chapter 43.21A RCW. 89-12-027 and 90-07-015 (Order 89-8 and 89-8A), 173-224-050, filed 5/31/89 and 3/13/90, effective 4/13/90.]

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